Brown overturned segregation only in education, not other domains
Evidence
It would take almost six decades for another Supreme Court to pick up where Justice Harlanâs dissent left off. In the 1954 landmark case Brown v. Board of Education, the civil rights attorney Thurgood Marshall, who was also director-counsel of the NAACP Legal Defense Fund (LDF), argued that Plessy v. Fergusonâs doctrine of âseparate but equalâ was inherently prejudicial under the equal protection clause of the Fourteenth Amendment. In the LDF brief, Marshall not only cited Justice Harlanâs dissent in Plessy but was inspired by it. Marshall had reportedly read passages from Harlanâs dissent to his staff as they brainstormed ways to legally attack segregation. And for once, a majority of the Supreme Court agreed. As a result, all legislation mandating racial segregation in education was finally overturned. But only in education. â Dorothy A. Brown, Getting to Reparations, 403
Categorization
- XREF: The âonly in educationâ limitation is Brownâs crucial narrowingâbears directly on reparations as remedy: it shows the law addressing one domain of harm while leaving the system otherwise intact. â connects to: Only congressional intervention, not Brown alone, desegregated Southern schools